The Kimball graphic. (Kimball, Brule County, Dakota [S.D.]) 1883-1905, 1887-08-26
RUDE WESTERN JUSTICE.
How Judge Lynch Compelled an old william 10
DtsuOrUe

Dis9orge.
The following incident OF pioneer
days is compiled from Herbert +
Bancroft's new volume. popular
Tribunals" about to be published in
his remarkable series of historical
works relating to the Pacific slope.
The warm-hearted early settlers CT
California were ready to interfere and
do substantial justice whenever they
saw wrong done. In 1853 the town
af Visalia stood somewhat remote
from the more thickly settled por-
| tlons OF the state. Population was
sparse and the courts were poorly or.
ganized, and there were many wild
aud lawless characters about. There
was no jail in the entire county.
rough shanty in an oak opening con
stituted the courthouse. The floor OF
the shanty was the bare earth, and in
the middle rose the stump OF a large
oak tree. 10 this stump was at
tached n ring bolt, and the stump and
ring-bolt constituted the county pri-
son, for the felons were chained to it
with Il guard over them.
On complaint of his nephew, VIII.
liam c. Deputy was arrested by the
sheriff and chained to the stump. He
was thought by some to be bad
character, and was accused by the
nephew OF defraudins him OF lands
and moneys to the value OF $4,000
or $4,000. Deputy was an old man,
and because he wls q. Mormon the
people were all the more ready TO call
him q villain; he was stunned and-de-
tested in the community. They said
that he held in his possession at the
time Of his arrest property belonging
to his nephew as q confidential trust
and This he persistently refused to re-
convey. A lawyer was employed to
compel the man to disgorge the funds,
but deputy had concealed his tracks
with such skill as to defy detection and
defeat legal proceedings. The nephew
was duped, and the law could not
help him to obtain restitution.
Nothing would avail but to compel
the man to sign over his lll.gotten
'fgains. Accordingly he stated his
grievances to his friends and enlisted
the sympathy OF the community.
They knew OF but one way in which
to adjust the difficulty. They would
form a vigilance committee and COM
pei the old man to sign the papers.
They belived the nephew to be in the
right, and would help him to that
justice which the law could not give.
The cause was made common one
by the entire community, and there
was not q single individual who op-
posed the plan made known to the
crowd that gathered and determined
upon action. That night they met
and at 12 o'clock marched to the
courthouse, where they found Dep.
uty guarded by two men. They en-
tered the room meeting little opposi-
ton, took Deputy from the bench
where he was lying and led him to the
northern section OF the town. He
was placed beneath u tree, from
which a rope was already swinging.
The rope was then adjusted
about his neck and he was informed
that his life would be forfeited unless
he complied with their demands and
made over the property. This he re-
refused to do. Accordingly he was
swung into the air two or three times
and lowered again, until finally he
proposed to do what was required,
provided he should be released from
custody and freed from the charge OF
felony that was pending against him.
This was granted, and then he made
q full confession, promised restitution
snd gave account.of what he held.
lie was then taken back to theroom
and chained again to await the APP
pearance of the lawyers in the morn
ing. To prevent further violence the
sheriff placed strong guard about
theprimitivejail On thefollowing day
anotary was summoned, who drew mp
q deed and asked Deputy if he would
sign paper cheerfully and willingly.
Several persons witnessed the pro-
ceedings, and among them was q law
yer who talked with Deputy in a
friendly way and advised him to sign
the papers. This Deputy at length
did, and it was attested by the law,
yer. The acknowledgment was then
taken by the notary and his seal of.
fixed. Not the slightest coercion was
used, so it was claimed, for the old
J man readily assented to whateve,
was required. Deputy was then re
leased and all charges against him
! withdrawn. He went Immediately tc
another county, and there appealed
J to the courts, endeavoring to be rein
stated i'll possession, but was unsuc
cessful in his application.